March 22, 2018
Court May Depart from the Code When the Debtor Consents and No One Objects
Unique facts were again the basis for a result seemingly at odds with the statute.
2nd Circuit, New York, New York Northern DistrictMarch 20, 2018
Flip Clauses in Swaps Held Enforceable by District Judge in New York
For swaps, the Section 560 safe harbor overrides the anti-ipso facto provisions in the Bankruptcy Code.
2nd Circuit, New York, New York Southern DistrictMarch 09, 2018
Second Circuit Bars Arbitration in a Class Action for Violating the Discharge Injunction
New case seems inconsistent with Second Circuit’s prior opinion compelling arbitration over an automatic stay violation.
2nd CircuitMarch 05, 2018
Which Court Has a Better Claim to Jurisdiction in Successive Bankruptcies?
Yet another example of how hard cases make bad law.
2nd Circuit, New York, New York Eastern DistrictFebruary 21, 2018
Plan Confirmation Cuts Off Adverse Claims to Ownership of Debtor’s Property
Res judicata is flexibly applied again to bankruptcy cases.
2nd Circuit, New York, New York Southern DistrictFebruary 12, 2018
Second Circuit Says Tenuous Connections Establish “Related To” Bankruptcy Jurisdiction
‘Plausibility’ evidently does not apply when pleading ‘related to’ bankruptcy jurisdiction.
2nd CircuitJanuary 30, 2018
Simply Initiating Events that Later Violate the Stay Is Not a Stay Violation
Second Circuit approves a stay-violation defense in a nonprecedential opinion.
2nd CircuitJanuary 24, 2018
The GM Creditors’ Trust Opens a Can of Worms by Nixing a Settlement
Bankruptcy judge finds bad faith for walking out on a fully documented but unsigned settlement.
2nd Circuit, New York, New York Southern DistrictJanuary 12, 2018
Bankruptcy Courts Cannot Impose Punitive Contempt Sanctions, District Judge Says
Circuits split on power of bankruptcy courts to impose punitive or criminal contempt sanctions.
2nd Circuit, VermontJanuary 11, 2018
Extraterritoriality of Avoiding Powers Goes to the Second Circuit
A split of circuits will result if the Second Circuit does not reverse a Madoff decision.
2nd Circuit